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1 CONSTITUTION OF THE FEDERATION OF BOSNIA AND HERZEGOVINA [PART 3] V. THE CANTONAL GOVERNMENTS 1. General Provisions Article 1 Each Canton shall, in carrying out its responsibilities as described in Articles III.2 and 4 of this Constitution: (a) take all necessary steps to ensure the protection of the rights and freedoms listed in Sub- Chapter II.A and provided in the instruments listed in the Annex to this Constitution and shall act consistently with this Constitution. (b) exercise its responsibilities with due regard to the population in each Municipality. Article 2 (1) Each Canton is authorized to delegate or confer its responsibilities to Municipalities in its territory or to the Federation Government. (2) Each Canton may delegate functions concerning education, culture, tourism, local business and charitable organizations, and radio and television to its Municipalities and shall do so to those Municipalities whose majority population is other than that of the Canton as a whole. (3) Each Canton may enter into agreements with states and international organizations only with the consent of the Legislature of the Federation. Article 3 Cantons with a Bosniac-majority or a Croat-majority population may establish Councils of Cantons in order to coordinate policies and activities on matters of common interest to their communities and to advise their representatives in the House of Peoples. These may include coordinating bodies, such as commissions and working groups, to share information and harmonize the Cantons' respective actions in implementing their responsibilities, but may not include military or political arrangements. Article 4 Each Canton shall have a constitution, which shall provide for: (a) the institutions described below; and (b) the protection of the rights and freedoms described in this Constitution; and shall be consistent with this Constitution.

2 2. The Cantonal Legislatures Article 5 (1) Each Canton shall have a Legislature consisting of one House comprising a number of Legislators determined in proportion to its population but no fewer than thirty and no more than fifty. (2) The term of Cantonal Legislators shall be two years. (3) Cantonal Legislators shall be elected democratically by the eligible voters in a direct, Cantonwide election. Each voter shall be eligible to cast a single, secret ballot for any registered party. Each party receiving at least three percent of the total valid votes cast shall be allocated a number of seats proportional to its percentage of the vote received by all the parties to which seats are allocated. (4) Before each election, each registered party shall publish a list of candidates. Each party's Cantonal Legislators shall be selected from the persons highest on that party's list; replacements for Legislators shall be made from the highest of the remainder on that list. (5) Any eligible voter is eligible to serve as a Cantonal Legislator. (6) The Cantonal Legislatures shall first be convened not later than ten (10) days after the results of the election have been promulgated. Article 6 The Cantonal Legislature shall: (a) prepare and by a two-thirds majority vote approve the Cantonal Constitution; (b) elect the Cantonal President, as provided in Article V.8; (c) elect Cantonal Judges, as provided in Article V.11; (d) specify the jurisdiction of Cantonal and Municipal courts; (e) enact other legislation necessary to carry out the Canton's responsibilities; and (f) approve the Canton's budget and enact legislation to levy taxes and otherwise secure the necessary financing. Article 7 (1) Each Cantonal Legislature shall elect from among its members its Chairman and shall adopt its rules of procedure. (2) Cantonal Legislatures shall deliberate publicly, other than in exceptional circumstances as provided in their rules, and shall publish a record of their deliberations and decisions. (3) Laws of the Cantonal Legislatures shall take effect as specified therein but no sooner than when disseminated to the public; (4) No Cantonal Legislator shall be called to account criminally or civilly, detained, or otherwise punished for an opinion expressed, or a vote cast, in the Legislature.

3 (5) Cantonal Legislatures may conduct investigations and for this purpose may compel the production of testimony and documents. 3. The Cantonal Executive Article 8 (1) Each Canton shall have a President, who shall be elected by a majority of the Cantonal Legislature from among candidates nominated by Legislators. (2) The Cantonal President shall serve a term of two years and may not serve more than two successive terms. (3) The Cantonal President may be removed from office by a two-thirds majority vote of the Cantonal Legislature. (4) If the office of Cantonal President becomes vacant, the Cantonal Legislature shall elect another President within thirty days. In the event that the Cantonal President is temporarily unable to serve, the Chairman of the Cantonal Legislature shall serve in his stead. (5) The Cantonal Government shall be nominated by the Cantonal President and approved by the Cantonal Legislature by a majority vote. The organization of the Cantonal Government shall be decided in accordance with the Cantonal constitution, provided that the Government shall reflect the composition of the population as a whole but in any case provide for representation for each constituent people. Article 9 The Cantonal Government shall be responsible for: (a) executing and enforcing Cantonal policies and laws, pertinent decisions of any Cantonal or federal court, and any responsibilities assigned to the Canton by the Federation Government; (b) preparing budgetary proposals for the approval of the Cantonal Legislature; (c) ensuring the cooperation of the Cantonal Government with the Ombudsmen; (d) supervising the investigation and prosecution of crimes against Cantonal law, as well as the Cantonal Police; in particular, ensuring compliance with Article 10 below; and (e) performing other duties as may be assigned in relevant legislation or the Cantonal Constitution. Article 10 In exercising its responsibilities in respect to the cantonal police, the Cantonal Government shall ensure that the composition of the police shall reflect that of the population of the Canton, provided that the composition of the police of each Municipality shall reflect the composition of the latter. 4. The Cantonal Judiciary

4 Article 11 (1) Each Canton shall have courts, which shall have appellate jurisdiction over the courts of its Municipalities and original jurisdiction over matters not within the competence of those courts and as provided in legislation. (2) Cantonal Judges shall be nominated by the Cantonal President from among outstanding jurists and elected by majority vote in the Cantonal Legislature, in such a way that the composition of the judiciary as a whole shall reflect that of the population of that Canton. (3) Cantonal Judges shall serve until age 70, unless they resign or they are removed by the consensus of the Judges of the Supreme Court. The conditions of service shall be determined by Cantonal legislation. The salaries and other emoluments of a Judge may not be diminished during the period of his service on one of the courts of the Canton. (4) Each Cantonal Court shall elect its own President. VI. MUNICIPALITY GOVERNMENTS Article 1 In carrying out its responsibilities, each Municipality shall: (a) take all necessary steps to ensure the protection of the rights and freedoms listed in Sub- Chapter VI.A and provided in the instruments listed in the Annex to this Constitution. (b) exercise its responsibilities with due regard to the composition of its population. Article 2 (1) Each Municipality shall exercise self-rule on local matters. (2) Each Municipality shall have a statute, which shall be consistent with this Constitution, the constitution of its Canton, and conform to any relevant Cantonal legislation. Article 3 (1) Each Municipality shall have a Governing Council. (2) The term of the members of Municipal Governing Councils shall be two years, provided that the term of the first members of the Municipal Governing Councils shall be one year. (3) Municipal Councilors shall be elected democratically by the eligible voters in a direct, Municipality-wide election. Each voter shall be eligible to cast a single, secret ballot for any registered party. Each party shall be allocated a number of seats proportional to its percentage of the total of valid votes. (4) Any eligible voter is eligible to serve as a Municipal Councillor. Article 4

5 The Municipal Governing Council shall: (a) prepare and by a two-thirds majority vote approve the Municipal Statute Charter; (b) elect the Municipal Executive; (c) approve the Municipality's budget and enact regulations and ordinances to levy taxes and otherwise secure the necessary financing insofar as not provided by the Canton or the Federation Government; and (d) enact other regulations and ordinances necessary to carry out the Municipality's responsibilities. Article 5 (1) Each Municipal Governing Council shall arrange for the selection of the Municipal Executive and establish rules of procedure, subject to federal and Cantonal legislation. (2) Municipal Governing Councils shall deliberate publicly, other than in exceptional circumstances as provided in their rules, and shall keep a record of their decisions. (3) Municipal ordinances and regulations shall take effect when specified but not before they are disseminated to the public. Article 6 The Municipal Executive shall be responsible for: (a) appointing and removing Municipal officials; (b) executing and enforcing Municipal policies, ordinances and regulations, as well as any responsibilities assigned to the Municipality by the Cantonal and Federation Governments; (c) ensuring the cooperation of Municipal officials with the Ombudsmen; and (d) reporting on the implementation of Municipal policies and activities to the Governing Council and the public. Article 7 (1) Each Municipality shall have courts, which may be established in cooperation with other Municipalities, and which shall have original jurisdiction over all civil and criminal matters, except to the extent original jurisdiction is assigned to another court by this or the Cantonal Constitution or by any law of the Federation or the Canton. (2) Municipal courts shall be established and funded by the Cantonal government. (3) Judges of Municipal courts shall be appointed by the President of the highest Cantonal Court after consultation with the Municipal Executive. (4) Municipal Judges shall serve until age 70, unless they resign or they are removed by the consensus of the Judges of the highest Cantonal Court. The conditions of service shall be determined by Cantonal legislation. The salaries and other emoluments of a Judge may not be diminished during the period of his service on one of the Municipal courts of the Canton.

6 VII. INTERNATIONAL RELATIONS Article 1 The international relations of the Federation are based on the international personality, territorial integrity, and continuity of the Republic of Bosnia and Herzegovina. Article 2 The international relations of the Federation shall be based on respect for international law and treaty obligations and the principle that international disputes are to be settled by peaceful means. Article 3 International treaties and other agreements in force in respect of the Federation and the general rules of international law shall form part of the law of the Federation. In case of any incompatibility between a treaty and legislation, the former shall prevail. Article 4 (1) International treaties and other agreements shall be signed and ratified in the name of the Federation by the Federation President. They shall only enter into force for the Federation if approved by the Federation Legislature, except to the extent that that Legislature provides by law that certain types of agreements do not require such approval. (2) The Federation President, on the advice of the Prime Minister, may denounce international treaties or agreements insofar as permitted by international law, and shall do so if so directed by the Federation Legislature. VIII. AMENDMENT OF THE CONSTITUTION Article 1 (1) Amendments of the Constitution may be proposed by the President in concurrence with the Vice-President, by the Government, by a majority of the House of Representatives, or by a majority of the Bosniac and of the Croat Delegates in the House of Peoples. (2) Proposed amendments of the Constitution shall not receive final consideration in either House of the Federation Legislature until two weeks after they have first been presented. (3) To be adopted, proposed amendments require the following majorities: (a) In the House of Peoples, a simple majority, including a majority of the Bosniac Delegates and a majority of the Croat Delegates; (b) In the House of Representatives, a two-thirds majority. Article 2

7 No amendment to the Constitution may eliminate or diminish any of the rights or freedoms set out in Sub-Chapter II.A, or alter the present Article. IX. APPROVAL AND ENTRY INTO FORCE OF THE CONSTITUTION AND TRANSITIONAL ARRANGEMENTS Article 1 (1) The Constitution of the Federation will be approved and promulgated by a Constituent Assembly comprising those representatives elected at the 1990 elections to the Assembly of the Republic of Bosnia and Herzegovina whose mandate is still valid. (2) Approval of the Constitution shall require a two-thirds majority of the Constituent Assembly, including consensus between the delegation of the Croat people, comprising all representatives of Croat nationality, and the delegation of the Bosniac people, comprising all representatives of Bosniac nationality. (3) This Constitution shall enter into force at midnight of the day it is approved by the Constituent Assembly. Article 2 (1) The Constituent Assembly shall: (a) approve this Constitution, in accordance with Article IX.1; (b) elect an Interim Federation President, Vice-President, and Government, as provided in Article IX.3(3); and (c) enact an interim electoral law, in accordance with Article IX.3(4). (2) Any legislation adopted by the Constituent Assembly shall only remain valid until five months after the Federation Legislature is first convened, unless reconfirmed by that Legislature. Article 3 (1) Until the House of Representatives is first convened, its functions under this Constitution shall be carried out by the Constituent Assembly referred to in Article 1(1). (2) Until the House of Peoples is first convened, its functions under this Constitution shall be carried out by the Constituent Assembly. In decisions specifically requiring votes by the Bosniac and the Croat Delegates in the House, the votes of respectively the Bosniac and the Croat members of the Constituent Assembly shall be considered as fulfilling these requirements. (3) As soon as this Constitution enters into force, the Constituent Assembly shall elect an Interim Federation President and an Interim Vice-President, applying the provisions of Article IV.B.2 in conjunction with paragraphs (1) and (2) above, as appropriate. These interim officials shall then nominate an Interim Federation Government, applying the provisions of Article IV.B.5 in conjunction with paragraph (1) above, as well as Interim Judges for the Federation Courts, applying the provisions of Article IV.C. 6(b). The Interim President, Vice-President and the members of the Interim Government shall carry out the functions of the corresponding permanent officials under this Constitution until they are replaced by the officials elected or appointed in accordance with Article IX.4(2).

8 (4) Within thirty days of the entry into force of this Constitution, Interim Cantonal Legislatures shall be established, consisting of five members of each Municipality Assembly who shall be elected by and from those members of each such Assembly elected in 1990 and whose mandate is still valid. These Interim Legislatures shall within 10 days elect all other transitional organs in accordance with this Constitution. (5) As soon as possible after the entry into force of this Constitution, each the members of each Municipality Assembly elected in 1990 and whose mandates are still valid shall elect Interim Municipal organs in accordance with this Constitution. Article 4 (1) Elections for the House of Representatives and the House of Peoples shall be held within six months of the entry into force of this Constitution, and for the Cantonal Legislatures and for Municipal Governing Councils within five months of such entry into force. These elections shall be governed by a law to be adopted by the Constituent Assembly by a majority vote, including a majority of the Bosniac representatives and a majority of the Croat representatives, and shall be monitored by the United Nations and by CSCE. (2) Within two weeks after each House of the Legislature of the Federation are first convened, they shall elect the President and the Vice-President of the Federation. Within two weeks of such election, the President, with the concurrence of the Vice-President, shall nominate the Government, and the House of Representatives shall consider those nominations promptly. (3) No person who has been convicted of war crimes or against whom proceedings have been initiated concerning the commission of war crimes shall be elected to any public office within the Federation. Article 5 (1) All laws, regulations, and judicial rules of procedure in effect within the Federation on the day on which this Constitution enters into force shall remain in effect to the extent not inconsistent with this Constitution, until otherwise determined by the competent governmental body. (2) All international treaties and other agreements in force within the Federation on the day on which this Constitution enters into force shall remain in effect unless denounced by the President pursuant to Article VII.3(2). Article 6 All persons holding any governmental office within the Federation on the day this Constitution enters into force shall continue to hold such office until removed therefrom in accordance with the applicable law, or until the office in question is abolished. Article 7 The published results of the 1991 census shall be used as appropriate in making any calculations requiring population data. Article 8

9 All proceedings pending in courts or administrative agencies functioning within the territory of the Federation on the day this Constitution enters into force shall continue in or be transferred to other courts or agencies to be established pursuant to this Constitution, in accordance with any legislation governing the competence of such courts or agencies. Article 9 The following provisions relating to certain transitional international arrangements shall apply for the periods respectively specified: (a) Until the Federation adopts the rules of procedure foreseen by Article IV.C.3, the Courts of the Federation may apply rules not inconsistent with this Constitution. (b) For a transitional period, the President of the Supreme Court may make arrangements with appropriate international bodies to perform any of the functions assigned herein to the Judicial Police. (c) For the first five years after the Constitution enters into force, three of the Judges of the Constitutional Court, who shall be foreigners who are not citizens of any neighboring state, shall be appointed by the President of the International Court of Justice after consultation with the President and the Vice-President of the Federation. (d)(i) The Human Rights Court shall operate within the framework of the mechanism established by the Council of Europe by Resolution 93(6) of its Committee of Ministers, as that Resolution may be amended from time to time as long as that Resolution remains applicable to the Federation. (ii) The Human Rights Court shall initially consist of seven Judges, three of whom shall be appointed and serve in accordance with the requirements of Article IV.C.6. The Committee of Ministers of the Council of Europe shall appoint four of the Judges of the Court in accordance with the above-cited resolution. These Judges shall be foreigners who shall not be citizens of any neighboring state. (iii) If the Court concludes that its business requires the participation of more judges to avoid undue delays in the disposition of cases, the President shall make arrangements with the Council of Europe for the appointment of additional judges, in accordance with the above-specified proportion of domestic and foreign judges. (e)for a period of no less than three years and in any event until the Legislature of the Federation adopts a law relating to the appointment of the Ombudsmen, these shall be appointed and may be removed by the Conference on Security and Cooperation in Europe (CSCE) after consultation with the President and Vice-President of the Federation. Article 10 This Constitution shall apply in the District of Sarajevo and the Municipality of the City of Mostar while these are under international administration, except as otherwise decided by the international administrator, who may not derogate from the Chapter on Human Rights and Fundamental Freedoms. The President of the Federation shall during the period of international administration consult with such administrators with a view to facilitating the full application of this Constitution in such Municipalities as soon as the period ends. Article 11 (1) The Assembly of the Republic of Bosnia and Herzegovina elected in 1990 shall continue its work

10 under the responsibilities stated in the Constitution of the Republic, until a final peace agreement concerning Bosnia and Herzegovina is reached and implemented. (2) The Presidency and the Government of the Republic of Bosnia and Herzegovina shall maintain its powers under the existing Constitution of Bosnia and Herzegovina until a final peace agreement concerning Bosnia and Herzegovina is reached and implemented, provided that such powers may not interfere with any governmental powers established pursuant to this Constitution. (3) Until Interim Federation, Cantonal, and Municipal officials are elected in accordance with Article IX.3 of this Constitution, present administrative arrangements will continue in effect within the Federation, except in the Mostar City Municipality, which will be governed by a European Union Administrator for up to two years. A N N E X HUMAN RIGHTS INSTRUMENTS TO BE INCORPORATED INTO THE FEDERATION CONSTITUTION Convention on the Prevention and Punishment of the Crime of Genocide Universal Declaration of Human Rights Geneva Conventions I-IV on the Protection of the Victims of War, and the 1977 Geneva Protocols I-II thereto European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Protocols thereto Convention relating to the Status of Refugees and the 1966 Protocol thereto Convention on the Nationality of Married Women European Social Charter and the Protocol 1 thereto Convention on the Reduction of Statelessness International Convention on the Elimination of All Forms of Racial Discrimination International Covenant on Civil and Political Rights and its 1966 and 1989 Optional Protocols thereto International Covenant on Economic, Social and Cultural Rights International Convention on the Elimination of All Forms of Discrimination against Women [UN] Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

11 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Convention on the Rights of the Child Convention on the Rights of Migrant Workers and Members of their Families Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, Part IV Council of Europe Parliamentary Assembly Recommendation on the Rights of Minorities, paras [UN] Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities # European Charter for Regional and Minority Languages

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